These articles by our expert team cover the details of various decisions made by the Alberta Energy Regulator (AER), Alberta Utilities Commision (AUC), and Canada Energy Regulator (CER). Browse our searchable archive below to learn more about the results we’ve achieved for our clients.
Link to Decision Summarized Download Summary in PDF Share Transfer – No-Harm Test Application Harmony Advanced Water Systems Corporation (“HAWSCO”) filed an application with the Alberta Utilities Commission (“AUC”) requesting the AUC to authorize pursuant to s 102(1)...
Link to Decision Summarized Download Summary in PDF Water – Review and Variance Application EMCOR Utility (2035570 Alberta Ltd.) (“EMCOR”) applied for approval of its general rate application (“GRA”) regarding its potable water system for the 2023-2027 test years....
Link to Decision Summarized Download Summary in PDF Water – Review and Variance Application Salt Box Coulee Water Supply Company Ltd. (“Salt Box”) applied to the AUC for a review of Decision 28021-D02-2024 (the “Decision”) and Order 28021-D03-2024 (the “Order”). The...
Link to Decision Summarized Hydro Power - Markets Application ATCO Renewables Ltd. (“ATCO Renewables”) applied pursuant to s 3 of the Fair, Efficient and Open Competition Regulation (“FEOCR”) seeking permission to share records not available to the public regarding...
Link to Decision Summarized Water – Financial Statements Application In Decision 28201-D01-2023, the Alberta Utilities Commission (“AUC”) determined that Salt Box Coulee Water Supply Company Ltd. (“Salt Box”) committed two contraventions: failing to file audited...
Link to Decision Summarized Water - Operational Preparedness Alberta is experiencing extremely low water levels due to below-average snowpack and precipitation over the past several months, resulting in less runoff to rivers, lakes and reservoirs. This is contributing...
Link to Decision Summarized Water – Rates Application Properties of Northern Bear Inc. (“Northern Bear”) applied for approval of its current water rates on an interim basis, effective January 1, 2024, until the AUC approves the water rates on a final basis. Northern...
Link to Decision Summarized Review and Variance - Changed Circumstance Application Corix Utilities (Foothills Water) Inc. (“Corix”) applied to the AUC for a review of the AUC’s Decision 27844-D02-2023 (the “Decision”). In the Decision, the AUC decided on the approval...
Link to Decision Summarized Water - Rates Application Strathcona County (“Strathcona”) applied for approval of its amended and restated water supply agreement (the “Agreement”) with the Highway 14 Regional Water Services Commission (“HRWSC”). Decision The AUC approved...
Link to Decision Summarized Water - Rates Application Strathcona County applied to the AUC for approval of a water supply agreement entered into with the Capital Region Northeast Water Services Commission (“CRNWSC”), which agreement will have a 20-year term, beginning...
Link to Decision Summarized Markets - Enforcement Application AUC enforcement staff (“Enforcement Staff”) filed an application with the AUC alleging that Salt Box Coulee Water Supply Company Ltd. (“Salt Box”), a public utility pursuant to the Public Utilities Act...
Link to Decision Summarized Water – Rates Application Corix Utilities (Foothills Water) Inc. (“Corix”) provides water utility service that comprises of potable water distribution service to 955 customers (residential and commercial), potable bulk water service at its...
Link to Decision Summarized Water - Rates Application EMCOR Utility (2035570 Alberta Ltd.) (“EMCOR”) requested approval of certain items related to its potable water service. It requested approval of: the terms and conditions (“T&Cs”) of service, including rate...
Link to Decision Summarized Oil/Gas - Water – Permission to Appeal Application TransAlta Corporation (“TransAlta”) brought three applications for permission to appeal decisions of the Alberta Energy Regulator (“AER”). Decision The two applications for permission to...
Link to Bulletin Summarized Storm Water - Licenses On April 28, 2023, Alberta Environment and Protected Areas (“AEPA”) announced an amendment to the Water (Ministerial) Regulation. Under specified conditions, stormwater diversions of less than 6250 cubic meters per...
Link to Decision SummarizedWater - LawApplicationCorix Utilities (Foothills Water) Inc. (“Corix Foothills”) owns and operates a water utility located at Heritage Pointe, Alberta. Corix Foothills is a wholly owned subsidiary of Corix Utilities Inc. (“CUI”), which is a...
Link to Decision SummarizedWater - RatesApplicationThe City of Lloydminster (“Lloydminster”) filed an application requesting approval of a water service agreement it entered into with Alberta Central East Water Corporation (“ACE”). Lloydminster and ACE intended for...
Link to Decision SummarizedWater Act - Application SystemAs of March 30, 2022, Alberta Environment and Parks (“AEP”) no longer uses the Water Act Temporary Diversion Licence Electronic Review System (“WATERS”) to receive temporary diversion licence (“TDL”)...
Link to Decision SummarizedRates – GRAIn this decision, the Alberta Utilities Commission (“AUC”) considered the general rate application (“GRA”) filed by Sage Water Services Corp. (“Sage Water”), requesting the establishment of final water rates until March 31,...
Link to Decision SummarizedReview and Variance - Preliminary Question In this decision, the AUC allowed the application filed by AMAR Developments Ltd. ("AMAR") requesting a review and variance of specific findings in AUC Decision 25591-D02-2021 (the "Decision"). On a...
Link to Decision SummarizedRates - Water Rates In this decision, the AUC considered the complaint by the Cambridge Park Phase 1 and 2 Home Owners Association (“HOA”) against AMAR Developments Ltd. (“AMAR”) and the related application by AMAR for approval of the...
Link to Decision SummarizedRates In this decision, the AUC denied the application by Salt Box Coulee Water Supply Company Ltd. (“Salt Box”) for review and variance of findings in AUC Decision 24295-D02-2020 (the “Decision”). The Review Panel upheld the Decision on all...
Link to Decision SummarizedError of Fact In this decision, the AUC denied the application by Sage Water Services Corp. (“Sage Water”) for review and variance of findings in AUC Decision 24797-D01-2020 (the “Decision”). Sage Water had not met the requirements for a...
Link to Decision SummarizedRetroactive Ratemaking - Exception In this decision, the AUC approved the existing water services rates of Sage Water Services Corp. (“Sage Water”), as interim rates, effective November 19, 2020.Introduction and BackgroundOn June 28, 2019,...
Link to Decision SummarizedRates - Water Services In this decision, the AUC approved the application from the City of Calgary (“Calgary”) for a water supply agreement between it and Foothills County (“Foothills”) for at least five years according to section 30(1) of...
Link to Decision SummarizedRates - Water Services In this decision, the AUC approved the application from the Town of Canmore (“Canmore”) for approval of a potable water and wastewater service agreement between Canmore and the Municipal District of Bighorn...
Link to Decision SummarizedWater Franchise Agreement In this decision, the AUC considered an application made pursuant to section 45 of the Municipal Government Act by Rocky View County (“Rocky View”) for approval of a water franchise agreement (“Agreement”) with...
Link to Decision SummarizedRates - Water - True-Up of Interim and Final Rates In this decision the AUC considered an application from Blazer Water Systems Ltd. (“Blazer”) concerning the true-up of interim and final rates for the period January 1, 2019, to October 31,...
Link to Decision SummarizedRates - Interim Water Rates The AUC initiated this proceeding on May 13, 2020, based on an initial complaint from the Cambridge Park Home Owner’s Association (“HOA”), regarding a water rate increase that was put into place by AMAR...
This decision set the rates for Salt Box Coulee Water Supply Company Ltd. (“Salt Box”) for water services to its customers. The AUC finalized the interim rates previously set in October 2017, with interim rates for customers remaining unchanged until July 31, 2020. Effective August 1, 2020, the AUC approved final rates for Salt Box’s distribution and co-operative customers. The increase was required to provide sufficient operating funds to ensure safe and adequate service at just and reasonable rates. In considering future changes to rates by Salt Box, the AUC will require audited financial statements as directed in prior rulings and this decision.
In this decision, the AUC considered whether the Village of Wabamun (“Wabamun”)’s water rates were discriminatory because Mr. Tan’s apartment was placed in a rate class with a higher rate as opposed to other rate classes that had similar characteristics and offered a lower rate. The AUC found that the rate charged to Mr. Teik Tan’s apartment was not discriminatory.
Link to Decision SummarizedWater Rates In this decision, the AUC found pursuant to Section 43 of the Municipal Government Act (“MGA”) that certain water rates charged to Imperial Enterprises Inc. (“Imperial”) from January 1, 2019, to present, were discriminatory....
Link to Decision SummarizedRates - Water Utility - Compliance Filing In this decision, the AUC considered a compliance filing from Blazer Water Systems Ltd. (Blazer”) addressing all of the determinations and directions of the AUC in Decision 22319-D01-2018. In AUC...
Link to Decision SummarizedMunicipal Utility Rates - Appeal In this decision, the AUC considered an appeal from Ms. Heide Peterson and Mr. Yvon Fournier (collectively, the “Appellants”), requesting that the AUC disallow all water, sewer, garbage and land fill utility...
Link to decision summarizedTransfer of Fossil Fuel-Based Power Generation Business In this decision, the AUC considered whether to approve the following transactions: ATCO Power (2010) Ltd.’s disposition of all of its shares in ATCO Power Canada Ltd. to Heartland...
The ABCA found that the appeal was not sufficiently meritorious under either the reasonableness or correctness standard to justify granting permission to appeal. For the purpose of this application, the ABCA determined that it was not necessary to determine which standard of review would be applied, should permission to appeal be granted.
The AUC approved the continuation of Blazer’s current rates on an interim refundable basis, as of January 1, 2019. The difference between the interim and final rates approved will either be collected from customers or refunded to customers.
This Alberta Court of Appeal (“ABCA”) decision considered Macdonald Communities Limited’s (“MCL”) application for permission to appeal the AUC’s findings in AUC Decision 21340-D01-2017, and affirmed in Decision 23203-D01-2018, that the AUC did not have jurisdiction to regulate privately owned wastewater utilities. The ABCA granted MCL permission to appeal, finding that MCL raised a serious arguable question regarding the AUC’s jurisdiction to regulate privately owned wastewater utilities.
In this decision, the AUC considered Ian Murdoch’s application for a review of the AUC’s decision dismissing Mr. Murdoch’s appeal regarding the method used by the City of Calgary to estimate Mr. Murdoch’s wastewater charges (the “Original Decision”).
The AUC denied the review application for the reasons summarized below.
In this decision, the AUC considered an appeal by Ms. Eleanor Britz, Ms. Nadine Britz, and Mr. Doug Shields (the “Complainants”) pursuant to sections 43(2)(a), (b), and (c) of the Municipal Government Act (“MGA”) regarding certain water, drainage, sewer, and waste management service charges imposed by the Town of Coaldale (“Coaldale”).
For the reasons summarized below, the AUC found that the water, drainage and sewer service charges disputed in this appeal did not conform to the public utility rate structure established by Coaldale.
The AUC found that the grounds of appeal in relation to waste management service charges were not established and dismissed this part of the appeal.
In this decision, the AUC considered a complaint by Imperial Enterprises Inc. (“Imperial”) regarding an increase in water rates by the Town of Devon (“Devon”).
The AUC found that the Devon improperly imposed the increased water rates and, therefore disallowed those increased rates.
In Decision 21340-D01-2017, the AUC considered Horse Creek Water Services Inc.’s (“HCWS”) general rate application requesting approval of its proposed water rates for 2017 and 2018.
Based on the AUC’s determinations regarding operating, maintenance and administration (“OM&A”) expenses, depreciation, and return on owner-invested capital, the AUC directed HCWS to maintain its current rates, effective as of November 1, 2017.
The AUC further directed that HCWS’ interim rates approved in Decision 20663-D01-2015 be deemed as final.
The AER determined that a hearing into the regulatory appeal requested by InterPipeline Ltd. (“InterPipeline”) would be held.
The AUC concluded that Mr. Baux is required to have a meter. The AUC considered that Mr. Baux and HCWS should share equally in the total cost of the water meter installation up to $800. The AUC ruled that any amounts over $800 will be the responsibility of Mr. Baux.
The AER held that the Samson Cree had not established specific locations where its members might be affected, or specific ways in which they might be affected by the Project.
The AUC held that it would consider how to treat the amounts in the deferral account in Blazer’s upcoming general rate application.
The AUC approved the continuation of water rates as set out in Decision 2011-061 for the operation of the water utility serving MonTerra by Horse Creek on an interim and refundable basis.
The Bulletin advises that no new TDL applications are being accepted for the watercourses listed above. The restrictions will be lifted when river flows return to acceptable levels.